Steve Harvey facing trial over unreleased comedy tapes

As the host of Family Feud and an eponymous talk show, Steve Harvey is valuable presence in the world of syndicated television. He's also a comedian who is caught up in a legal dispute that appears headed to trial some time in the coming months. Should that happen, a jury could get a shot at putting an exact figure on Harvey's worth.

In the case currently playing out in a Texas federal court, Harvey is tangling with Joseph Cooper, who was hired back in 1993 to tape performances at Harvey's Dallas club. Cooper has retained about 120 hours of footage and claims ownership. Harvey counters that the material was shot for internal use and that Cooper has been attempting to extort him by telling others there's potentially embarrassing material on the tapes. At one point, according to court papers, Cooper wanted to sell the tapes back to Harvey for $5 million.

Last week, U.S. District Judge Jane Boyle got an opportunity to look at the claims and arguments. She released a summary judgment opinion (read here) that rejected two of Cooper's claims related to interference in the marketplace, but denied Harvey's bid to rule out a claim that the comedian breached contract. She also refused to award Harvey an injunction.

Steve Harvey won Outstanding Actor in a Comedy Series, Outstanding Comedy Series and Entertainer of the Year at the 32nd NAACP Image Awards at the Universal Amphitheatre in Los Angeles, Ca. 3/3/01. (Photo by Kevin Winter/Getty Images).

Hosts Steve Harvey and Cedric 'The Entertainer' share a laugh during the 1st Annual BET Awards June 19, 2001 at the Paris Hotel and Casino in Las Vegas, Nevada. (Photo by M. Caulfield/WireImage)

Host Steve Harvey performs during a taping of BET's 2nd Annual Celebration of Gospel on January 26, 2002 at the Wiltern Theater in Los Angeles. The show is scheduled to air at 9PM EST on February 19, 2002 on the BET Network. (Photo by L. Cohen/WireImage)

Steve Harvey at the 15th Essence Awards held at the Universal Amphitheatre in Irvine, Ca., May 31, 2002. (photo by Kevin Winter/ImageDirect/Fox)

Host Steve Harvey during 2003 Essence Awards - Show at The Kodak Theater in Los Angeles, California, United States. (Photo by M. Caulfield/WireImage for Essence Entertainment)

Steve Harvey during The Comedy Store Hosts Celebrity Fundraiser for the Heartfelt Foundation - Show at The Comedy Store in Hollywood, California, United States. (Photo by Michael Schwartz/WireImage)

Reba McEntire and Steve Harvey (Photo by KMazur/WireImage for The WB Network)

HOLLYWOOD - JUNE 29: Actor/Comedian Steve Harvey presents on stage at the 2004 Black Entertainment Awards held at the Kodak Theatre on June 29, 2004 in Hollywood, California. (Photo by Kevin Winter/Getty Images)

Steve Harvey, Lisa Leslie and Magic Johnson during Magic Johnson's 2004 Celebrity and All-Star Game at The Forum in Inglewood, California, United States. (Photo by Todd Williamson/Getty Images)

NEW YORK - AUGUST 23: Actor Steve Harvey attends a ribbon cutting ceremony for the opening of J&R Express in Macy's Herald Square on August 23, 2006 in New York City. (Photo by Bryan Bedder/Getty Images)

Steve Harvey attends Lincoln After Dark at the Contemporary Arts Center on July 4, 2009 in New Orleans, Louisiana. (Photo by Johnny Nunez/WireImage)

Brian McKnight and Steve Harvey attend Lincoln After Dark at the Contemporary Arts Center on July 4, 2009 in New Orleans, Louisiana. (Photo by Johnny Nunez/WireImage)

LOS ANGELES, CA - AUGUST 17: Actor/comedian Steve Harvey speaks at the launch party for the new Steve Harvey Morning Show at The Conga Room at L.A. Live on August 17, 2009 in Los Angeles, California. (Photo by Dr. Billy Ingram/WireImage)

ATLANTA, GA - MARCH 30: Actress LisaRaye McCoy (2nd-R) star of TV One reality show 'LisaRaye: The Real McCoy' and debuting the new season April 7 and new VH1 series 'Single Ladies' premiering June 6, stands with (L-R) Carla Ferrell, Steve Harvey, Shirley Strawberry and Thomas Miles during a photo opportunity on the set of the Steve Harvey Morning Show on March 30, 2011 in Atlanta, Georgia. The segment will air on the radio on Wednesday, April 6 at 8:29am and will be televised on The Steve Harvey Project Tuesday, April 12, at 9:00pm on Centric. (Photo by Ben Rose/WireImage for TV One)

NEW YORK, NY - APRIL 04: Comedian Steve Harvey and Marjorie Harvey attend the 2nd annual Steve Harvey Foundation Gala at Cipriani, Wall Street on April 4, 2011 in New York City. (Photo by Michael Loccisano/Getty Images for The Steve Harvey Foundation)

ATLANTA, GA - FEBRUARY 12: Steve Harvey looks on during the game between the Miami Heat and the Atlanta Hawks at Philips Arena on February 12, 2012 in Atlanta, Georgia. NOTE TO USER: User expressly acknowledges and agrees that, by downloading and or using this photograph, User is consenting to the terms and conditions of the Getty Images License Agreement. (Photo by Kevin C. Cox/Getty Images)

NEW YORK, NY - APRIL 04: TV personality Steve Harvey and wife Marjorie Harvey attend the 'Think Like a Man' screening at the AMC Empire 25 theater on April 4, 2012 in New York City. (Photo by Bennett Raglin/WireImage)

HOLLYWOOD, CA - MAY 13: Comedian Steve Harvey Honored With Star On The Hollywood Walk Of Fame on May 13, 2013 in Hollywood, California. (Photo by Jonathan Leibson/WireImage)

HOLLYWOOD, CA - MAY 13: Samuel L. Jackson (L) and Steve Harvey attend the ceremony honoring Steve Harvey with a Star on The Hollywood Walk of Fame held on May 13, 2013 in Hollywood, California. (Photo by Michael Tran/FilmMagic)

NEW YORK, NY - FEBRUARY 09: Charissa Thompson (L) interviews Steve Harvey during his visit to 'Extra' at their New York studios at H&M in Times Square on February 9, 2015 in New York City. (Photo by D Dipasupil/Getty Images for Extra)

Up Next

See Gallery

Discover More Like This

HIDE CAPTION

SHOW CAPTION

of

SEE ALL

BACK TO SLIDE

Harvey argued that he never signed an agreement, and that even if he did, the language in the document did not grant Cooper rights to commercially exploit the tapes.

The allegedly valid contract has Steve Harvey's name on it and states that Cooper "reserves the right to use the original tape and/or reproductions for display, publication or other purposes." At Cooper's deposition, however, the plaintiff conceded that "he has never negotiated a contract where someone gave him their copyrightable works."

Boyle says that the contract is ambiguous, priming the way for a trial on these contested issues of fact. There's also the subject of whether Harvey violated the deal by demanding that YouTube remove videos and by getting in the way of a distribution deal with Musical Video Distributors, Inc., which is also something a jury would have to figure out when clearing up whether Harvey conveyed rights to Cooper.

However, because Cooper had no actual contract with MVD, Boyle rules Harvey couldn't have committed tortious interference with contractual relations. Cooper may have had a prospective business relationship, but Boyle rules that Cooper hasn't sufficiently demonstrated that Harvey's conduct was the proximate cause of any actual loss. An executive at the distribution company was hesitant about making a deal with Cooper notwithstanding alleged interference. Plus, Harvey believed he had legal rights, and the judge accepts the comedian's defensive position that he was justified in contacting MVD.

The judge has now told both sides to come up with a trial date no later than January 30, 2017. At the coming proceeding, both sides could present a financial look at the worth of Harvey's fame in an effort to win damages.

Cooper has retained an economist, Dr. Michael Einhorn, who examined how Harvey's Still Trippin', released in 2008, and other comedy videos performed in the marketplace. He was primarily concerned with lost sales and estimated that Cooper lost the opportunity to earn in the area of $2.67 million.

In turn, Harvey's accountant Scott Barnes wrote in his own report that such an opinion was speculative and erroneously derived, particularly because a 2008 performance was superior to a 1993 performance in immediacy, production quality and relevant subject matter. Barnes also examined the worth of Harvey's name and likeness. If Cooper doesn't have rights, the plaintiff could be in trouble because Harvey has asserted counterclaims over Cooper's use of the comedian in internet advertisements. Barnes' report pegs a reasonable compensation for use of Harvey's services at $350,000.